DIVORCE COURT

Evening Post, Volume XCVI, Issue 47, 23 August 1918, Page 8

DIVORCE COURT

FOUR PETITIONS DEALT WITH

This morning in the Supreme Court, his Honour Mr. Justice Hosking heard a petition in divorce, the parties being Albert George Bryant Campion and Ella Ruth Campion, misconduct and desertion being alleged. Mr. P. W. Jackson, who appeared for the petitioner, that original^ a defence had been-filed in the case, but Mr. Weston, counsel for the respondent, had informed him that it was not intended to proceed with it. Petitioner, in evidence, said he was married near Martoa in 1909. There w.ere two children of the marriage, and he and his wife lived fairly happily up till February, 1916, when he had occasion to accuse his wife of going to Queen's Park, Waaganui, with a tram conductor named Ellery. At first his wife denied the accusation, but subsequently admitted it, and said she had been acting similarly for the previous three months. On his wife's promise to live a better life he forgave her, and they went to Auckland together. For two or three weeks he thought everything would be all light, but after that she always wanted to be out. He told her they would have to be either separated or divorced, but after going to a solicitor privately she came back and told him that he could not divorce her, as he had condoned her previous offence , and had lived .'. with her after it. After this she became more and more independent. After petitioner gave further evidence of his wife's misconduct, bis Honour granted a decree nisi, to be made absolute in,three months. The question of costs, which was reserved, -will be argued to-morrow morning. \ A SOLDIER'S PETITION. His Honour Mr. Justice Chanman also i heard two undefended cases. ~The first i of these, was the petition of Richard j Henry Smith, a returned soldier, who was represented by Mr. P. W. Jackson.,! It was alleged the respondent had committed adultery with persons, not named, in Wellington. A decree nisi was granted. A HUSBAND'S MISCONDUCT. Lucy Kate Nye sought a dissolution of her marriage with Thomas Geoffrey Nye on the ground of misconduct. Petitioner alleged, and it was not denied, that her husband was concerned in the recent Island Bay scandal, and had, in October; 1917, spent several nights in the house of ill-fame at Freeling-street. Mr. R. Twyneham, of Christchurch, appeared for the petitioner, who was granted a decree nisi with costs. WIFE SAID TO BE ROVING AND RESTLESS. The next, case was that of Ada Mary Bushill v. William Bushill, desertion being the ground of the application. Mr. P. W. Jackson appeared on behalf of the petitioner, and the respondent was represented by. Six John G. Findlay, K.C., with him Mr. J. C. Morrison. ■ Mr. Jackson said he did not propose to offer any evidence on behalf of the petitioner. Sir John Findlay said that a counter-: petition had been lodged by the respondent on the same ground, and he proposed Jio proceed with it. The case, he said, was. one in which two young people had made the rather common blunder of thinking that they were in love with one another, and could live happily together. The girl at this time was just a little over 17 years of age, and the man about 23. Anyhow, they were married in 1898 There were two children of the marriage,; one born in 1899 and the other in 1901. The -wif© was of a rather restless and\ roving disposition, and she subsequently left her husband. There were at no time any allegations of .impropriety, intemperance, or cruelty by either of; the parties. Eventually the parties came, together, but the wife left again in 1905. The husband made his wifo •an allowance, but her movements continued to be uncertain, and she went to England as companion to'a married woman. The wife simply said she cocdd not live with her husband. She did not like him. , ;

His Honour commented on the long delay in instituting proceedings. Sir John'Findlay said that the husband had thought it wiser for the sake of the children, not to take proceedings against his wife in order to avoid publicity, but when she commenced proceedings ho felt compelled to do so, too. Mr. Jackson said that when the proceedings were commenced the petitioner was in Christchurch, and.when he saw her ho ascertained that she had no just cause against her husband.

His Honour: I think you have taken a very proper course. His Honour granted a decree nisi, to be made absolute in three months.